March 8 and April 1, 1997. Thereafter, he was confined at the Metropolitan
Hospital under company-designated physician Dr. Lim for almost a month, i.e.,
from April 10, 1997 until May 7, 1997. After confinement, Dr. Lim treated him
until October 28, 1997. In all these seven months and 20 days of treatment, Bastol
was not employed at his usual job as bosun. In fact, the Court notes that Bastol
was never able to work as bosun thereafter on account of his poor health.
Thus, the declaration by Dr. Vicaldo of Bastol’s disability as Disabiltiy
Impediment Grade 1 Degree (120%) constituting total permanent disability on
November 28, 1997 or eight months and 20 days (approximately 260 days) from
March 8, 1997 when he submitted himself to company-designated physician Dr.
Peralta merely echoed what the law provides.
Thus, we can say that Bastol had the right to seek medical treatment other
than the company-designated physician after the lapse of the 120-day considering
that said physician, within the maximum 120-day period stipulated in the SEC
neither declared him fit to work or gave the assessment of the degree of his
permanent disability which he is incumbent to do. Moreover, as the CA aptly
noted, Dr. Vicaldo’s diagnosis and assessment should be accorded greater weight
considering that he is a Cardiologist and Congenital Heart Disease Specialist of the
Philippine Heart Center. It is undisputed that Dr. Lim, the company-designated
physician, is not a cardiology expert being a Diplomate in Rehabilitation Medicine
and who seemed to be not the attending physician of Bastol in the Metropolitan
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